Reprieve for Mike Sonko as impeachment case prioritised

Former Nairobi Governor Mike Mbuvi Sonko has received a boost after Milimani’s High Court ordered petitions to overturn his impeachment Judgments be prioritized and determined as soon as possible.

In his petition, the former governor challenges the decisions upholding his removal from office, arguing that the judicial misconduct findings against former High Court Judge Said Juma Chitembwe fundamentally corrupted the fairness and validity of the original proceedings.

Sonko argues that former Judge Said Chitembwe’s presence on the bench biased the tribunal and violated his right to a fair trial.Sonko relies on a Supreme Court decision confirming findings of misconduct against Chitembwe, arguing the judge’s compromised conduct directly involved his case. Consequently, he wants the High Court to declare the June 24, 2021 judgment and all subsequent appellate decisions as null and void.

Additionally, Sonko is seeking a court order for the consolidated petitions challenging his impeachment to be reheard on their merits by an expanded High Court bench appointed by the Chief Justice.

The former governor is also seeking the court to bar the enforcement of the contested judgments, compel Kenya Law Reports to take down the rulings from its website, and award him exemplary and punitive damages for the infringement of his constitutional rights.

This petition by Mike Sonko raises fundamental constitutional questions about how judicial misconduct affects decisions rendered by a bench of judges and whether post judgment findings of misconduct against one judge justify reopening cases that have already gone through the appellate process.

Judge Gregory Mutai is now expected to evaluate issues raised in the petition in determining whether the reliefs sought can be granted under the Constitution and applicable law.

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